town of east fishkill · 18 town planner’s letter of october 10, 2015, and the traffic...

Town of East Fishkill Planning Board JANUARY 5, 2016

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TOWN OF EAST FISHKILL 1 2

PLANNING BOARD MEETING 3 JANUARY 5, 2016 4

5 Planning Board Chairperson Lori Gee called the meeting to order. Members present were Steve 6 Caswell, Michael O’Brien, Craig Smith, John Cutler and Jason Paraskeva. Alternate Member 7 Teresa Golden was present acted for the vacant Member position; Alternate Member Robert 8 Wilbarg was not present. 9 Town Consultants present were: Thomas F. Wood, Esq., Attorney; Michelle Robbins, Planner 10 AICP; Joseph P. Dennis, Engineer; Scott Bryant, Town Engineer; Brendon Fitzgerald, Town 11 Traffic Consultant; 12 Pam Baier, Planning Board Clerk, and Kathleen Mahodil, Meeting Secretary, were also present. 13 14 15 CHAIRPERSON COMMENTS 16

Ms. Gee began the meeting with the Pledge of Allegiance. 17

She announced that there were currently no matters scheduled on the agenda for the January 19, 18

2016 Meeting. 19

MOTION made by John Cutler, seconded by Craig Smith to cancel the January 19, 20

2016 Planning Board Meeting. Voted and carried unanimously. 21

Accordingly, Ms. Gee announced that the Upcoming Meeting Dates are: February 2 and 22

February16, 2016. 23

Ms. Gee announced that John Hutsko was moving from the area and wanted to thank him for his 24

service on the Planning board for the past 3 years. She said that Teresa Golden would be sitting 25

in for the vacant position until such another Planning Board Member is appointed. 26

27

Approval of Minutes of Meetings held October 6th

, November 17th

and December 1st , 28

2015. 29

MOTION made by John Cutler, seconded by Steve Caswell, to approve the Minutes 30

of Meeting held October 6, 2015. Voted and carried. Jason Paraskeva abstained. 31


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MOTION made by Michael O'Brien, seconded by John Cutler, to approve the 2

Minutes of Meeting held November 17, 2015. Voted and carried. Steve Caswell 3

abstained. 4

The Approval for the Minutes of Meeting held December 1, 2015 was held off to a future 5

agenda. 6

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8

DECISION: 9

Alpine Industries Amended Site Plan, Route 82. 10

Michael E. Gillespie, P.E. was present. 11

Mr. Gillespie said this was before the Board about a month ago and that tonight was set for the 12

purposes of the Planning Board entertaining a Resolution of approval for this matter. He 13

questioned if a Negative Declaration had been done and Ms. Gee said the Resolution would need 14

to be corrected. Ms. Gee asked Mr. Gillespie if anything had changed. He said the applicant had 15

received health department approval way back and this is a rehash of an old site plan. The site 16

had to be shifted based on the receptacle and some constraints and fencing and he said there was 17

a re-application to the health department. It is being reviewed and he said he did not anticipate 18

any changes. 19

Mr. Bryant asked about the seasonal display near the entrance and said he did not know if it was 20

actually shown on the plan. He said there is an existing fence and asked if it was actually on the 21

property line. Mr. Gillespie said the fence itself is right on the property line, and there had been 22

some confusion as to where the fence and the property line were and it is the same thing. 23

Regarding the seasonal display, Mr. Bryant asked if it was in the front of the fence, in the right of 24

way. Mr. Gillespie said No, and at one point the area in the front was talked about and it is stone, 25


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in front of the fence. He said , at one point, when there was the John Deere, it was a display of 1

multi colored stone and they were just going to leave it; there are no plans to have a seasonal 2

display. Mr. Bryant said if it is in the right of way, the DOT would need to sign off on that and 3

would be conscious of site distance. Mr. Fitzgerald said it was actually pavers in the front. Mr. 4

Bryant said he did not want to give authority to have something there without DOT consent. Ms. 5

Gee asked if the applicant was requesting a seasonal display and Mr. Gilelspie said No. Ms. Gee 6

said then the condition could be stricken. 7

Mr. Dennis referred to condition item 3 in the proposed Resolution, saying that, given the size of 8

this project the site plan doesn't have a SWPPP but it does have a stormwater drainage plan. 9

Ms. Robbins said that the second "Whereas" in the proposed Resolution needed to be changed to 10

state it is a Type II action under SEQR, and no SEQR review is required. 11

Mr. Bryant referred to condition item 6, saying it should be changed to add there will be no bulk 12

storage except for salt in bags. Ms. Gee said if it is used for the site itself, she is not concerned 13

about loading up trucks. 14

There were no further comments from the Board Members or Consultants. 15

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RESOLUTION OF FINAL AMENDED SITE PLAN APPROVAL 17

18 NAME OF SITE PLAN: Alpine Industries, LLC 19 20 NAME OF APPLICANT: Tom DeMasi 21 22 LOCATION: 1374 Route 82, Hopewell Junction 23 24 GRID NO.: 6558-01-029784 25 26

Resolution Offered by Planning Board Member Michael O’Brien 27


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1 WHEREAS, the applicant has applied for an amended site plan approval to include an 2

existing 3200 square foot building and a proposed 1040 square foot building on a 1.60 acre lot; 3

and 4

WHEREAS, the action is considered to be a Type II Action under SEQR and no further 5

review is required; and 6

WHEREAS, the Planning Board held a Public Hearing on December 1, 2015; and 7

WHEREAS, the Applicant has now submitted a final site plan and further finds that the 8

application meets the Town’s requirements for final site plan approval, subject to the conditions 9

set forth below. 10

NOW, THEREFORE, BE IT RESOLVED, that the Planning Board hereby issues final 11

site plan approval for the above project as represented on a map entitled “Amended Site Plan for 12

Alpine Industries, LLC” prepared by M. Gillespie and Associates dated June 29, 2015 and 13

revised through November 16, 2015; and 14

BE IT FURTHER RESOLVED, that this approval is subject to the following 15

conditions, which must be completed before the plan is signed by the Planning Board Chair: 16

1. The modifications set forth in the Town Engineer’s letter of November 24, 2015, the 17

Town Planner’s letter of October 10, 2015, and the Traffic Consultant’s letter of 18

September 14, 2015. 19

2. The Plat will contain the written approval of the DCHD before it is signed by the 20

Chairperson. 21

3. Final Stormwater Drainage Plan approved by the Town Engineer and Maintenance 22

Agreement approved by the Town Attorney. 23

4. An inspection fee for the Town’s review of the proposed improvements will be based on 24

an engineer’s estimate as approved by the Town Engineer. 25

5. Parking of any vehicles on unpaved areas will not be permitted. 26


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6. There will be no bulk salt storage except for salt in bags. 1

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BE IT FURTHER RESOLVED, that within five (5) business days of the adoption of 3

this Resolution, the Chair or other duly authorized member of the Planning Board shall cause a 4

copy of this Resolution to be filed with the Town Clerk and a copy sent to the Applicant/Owner. 5

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Resolution Seconded by Planning Board Member John Cutler 7

The votes were as follows: 8

Board Member Jason Paraskeva Aye 9

Board Member Michael O’Brien Aye 10

Board Member John Cutler Aye 11

Board Member Craig Smith Aye 12

Board Member Steve Caswell Aye 13

Alternate Board Member Teresa Golden Aye 14

Board Chairperson Lori Gee Aye 15

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DECLARE LEAD AGENCY: 18

Guardian Self Storage Amended Site Plan, Route 376. 19

Lead Agency cannot be established at this meeting due to pending notification and response 20 period for the involved and interested agencies. 21

Frank Redl, Project Manager, was present. 22

Ms. Gee said it is her understanding that this was not yet circulated and Mr. Redl said No. She 23

asked him if he knew when it would be done and he replied that he had just received the required 24

forms this afternoon from Ms. Robbins. He said he planned to get them to the Planning Board 25


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office tomorrow, or Thursday at the latest. His understanding is that he fills out the forms, brings 1

them to the Planning office and they are mailed out by them. Ms. Gee said the public hearing 2

could be opened, but this would need to be adjourned until the interested and involved agencies 3

have their comment period, which is typically at least 30 days. Mr. Redl said he understood and 4

was planning to proceed. 5

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PUBLIC HEARING: 7

Guardian Self Storage Amended Site Plan, Route 376. 8

Frank Redl and Kelley Redl-Hardisty were present. 9

Ms. Gee confirmed with Ms. Baier that all was in order to open the Public Hearing. 10

MOTION made by Michael O'Brien, seconded by Craig Smith, to open the Public 11 Hearing. Voted and carried unanimously. 12

Mr. Redl said that Kelly Redl Hardisty was also present this evening and that she is one of the 13

owners of Guardian Self Storage. When they were before the Board the past November, he said 14

they received comments from the Town Consultants and from certain Board Members. Revisions 15

were made to the plans based on the comments and he said pointed out the displayed plan was 16

the revised one that incorporates the comments. He said Guardian Self Storage is on Route 376, 17

near the intersection of Lake Walton Road and its original site plan approval goes back to the 18

year 2000. An amendment was made a couple years later and he said the property is presently 19

improved with an office and 10 self storage buildings. The approvals that were granted to 20

Guardian also permit one extra building, and he pointed out the area for it on the plan, stating 21

that it was originally approved for a much smaller building. They are seeking an amendment to 22

the plan, to erect a 15,975 SF, one-story building. Although not shown on the plan, he said there 23

is proper ingress and egress throughout the site, with a 55 FT tractor-trailer truck and one of the 24

Town's hook and ladder truck. He said the template fits on the plan. Based on the Chairperson's 25


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suggestion, he said there are parking spaces inserted along the side of the building, which will 1

provide for orderly parking along the building, without congestion in the alley way between the 2

building, right by the door. He said this will never happen, since the self-storage industry is not 3

like that, but there are 10 cars that can be parked around that comfortably. He said the 10 spaces 4

are not needed and the average traffic is about 15 cars per day. With this new building, he said 5

they anticipate that traffic may be increased by 3, maybe 4 cars per day. Ms. Gee said it could 6

queue if there are 2 or 3 people in the building, they could easily park and no one would be 7

blocked in. Mr. Redl said all of the storage units are accessed inside the building; there are no 8

overhead doors outside that would be opening and closing. He said there are 4 FT doors on three 9

sides of the building and one would go into the building, down the hallway and all the units are 10

accessed inside. There is no ingress or egress for the building on the westerly side, between this 11

and the child daycare center. He pointed out where there are plans to install some additional 12

drainage and infiltrator system, which he said is at the suggestion of the Town engineer. He 13

showed where impervious surface will be added to the blacktop surface to fill in some spaces. 14

This has been before the ARB. Mr. Redl said elevations and color samples were submitted to the 15

ARB and it is expected that this will be approved by them. Mr. Redl did not have the larger 16

elevations with him for the meeting this evening. Ms. Gee asked that all the elevations approved 17

by the ARB needed to be brought the next time they are before the Planning Board, in order to 18

share them with the public. Mr. Redl had the basic elevations this evening, and just did not have 19

the colors to present. 20

Mr. Paraskeva asked if there was security inside the building. Mr. Redl said No, the security is 21

the fenced in area, and the access into the site is through a security gate. A code is needed in 22

order to open up the gate, 24 hours a day. Ms. Gee said it is presumed that the individual units 23

would have a lock and Mr. Redl said Yes, the unit owner puts their own lock on it. Mr. 24

Paraskeva asked if there were security cameras in the hallway and Ms. Hardisty replied that there 25


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are video cameras out in front of the property, but not inside, and this is not unlike the other 2 1

buildings; they are the same. Mr. Paraskeva said his concern is people being in there in the 2

middle of the night and something happening. Ms. Hardisty said she understands; people can be 3

seen coming and going but there aren't the security cameras hooked up inside 4

Mr. Paraskeva asked how accessed was gained into the building and Mr. Redl pointed out the 5

doors on each side. Mr. Paraskeva asked if just anyone could walk in there and Mr. Redl said 6

Yes. Ms. Hardisty said there is a gate with a keypad up front, it is monitored and they know 7

exactly who and their names. Mr. Paraskeva said but anyone could go into the building on the 8

property. Ms. Hardisty said she guessed they could, but it is not typically a problem. Mr. Redl 9

said they are known and there is the time they punched in. Mr. Redl pointed out where there are 10

already 2 temperature controlled buildings and Ms. Hardisty said the parking is also fenced. Mr. 11

O'Brien said then there is no change to the overall security and Mr. Redl said No; all they are 12

doing is adding a building. 13

Mr. O'Brien said there are existing boats in the spaces now and Mr. Redl said that would all be 14

removed. Ms. Gee asked when that would happen and she was assuming there are leases now. 15

Mr. Redl said they are waiting and there are leases to early spring. Ms. Hardisty said they are not 16

renting them to anyone else and Mr. Redl said they are not accepting any new customers for the 17

spots. Mr. Paraskeva asked if there were still spots for boats and campers and Ms. Hardisty said 18

there will not be any more going forward once leases expire. Ms. Gee asked if there were specific 19

lease expiration dates or, were they month to month, or could it be years. Ms. Hardisty said they 20

are month to month, but they try to give people a break for a couple of months, thinking it was 21

going to be a terrible winter, so they figured on March or April. She wanted to give them plenty 22

of time to move their vehicles and she is hoping they can break ground by this spring and they 23

will have to get out. 24


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Mr. Redl proceeded to show the elevations, and pointed out the roof. He said on the backside of 1

the building, facing the childcare center, there will be full overhead doors, for aesthetic purposes. 2

He said this is instead of having just one blank wall and no access so they thought they would 3

dress it up with the full overhead doors. This will look similar to the other buildings on the site 4

and he said the full overheard doors actually go all around the building for looks; they will not be 5

opened up. He pointed out the access doors are the 4 FT doors that are shown in white on the 6

plans filed with the Town. A stenny board is being used for the walls, the earth tone colors were 7

submitted to the ARB. Ms. Gee asked if they are consistent with the other buildings on the site 8

and Mr. Redl said Yes; everything is consistent so the buildings will all jive together. 9

Mr. Redl said there will be some additional lighting on the building in the form of wall packs, all 10

shielded so that the light shines down and a lighting plan was submitted to the Town, showing 11

that the additional lighting will have no affect on the neighboring properties. Ms. Gee asked if 12

they were primarily near the doors or were there some also on the back and Mr. Redl said there 13

are no lights on the backside but are primarily on the doorways for the entrances; they will not be 14

lighting up the back where the daycare center is at all. With the original site plan approval, he 15

said a lot of white pines were planted along the perimeter and they have grown about 20 FT and 16

really filled in. He pointed out the section between them and the daycare center, saying it is pretty 17

well concealed. The trees are staying, they do not anticipate removing any and Mr. Redl said they 18

look good and provide screening. 19

Ms. Gee asked Mr. Fitzgerald if there is the needed site circulation and turning radius. Mr. 20

Fitzgerald said his office has the plan, is still reviewing the particulars of the access for the fire 21

apparatus and it appears that it can be accommodated. However, they want to compare it with the 22

parking plan to be sure there is no conflict with that. Mr. O'Brien questioned the parking. The 23

templates were shown for the turning of the fire apparatus and they want to compare it in 24

anticipation of the new parking. Ms. Gee said there is flexibility if needed and if a parking spot is 25


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lost she does not think this is a big deal. Mr. Fitzgerald said he would review the diagrams of 1

what was given them. 2

Ms. Robbins asked about the existing white pines that run along the fence and asked if any 3

additional landscaping was proposed. Mr. Redl said No, there is nothing additional proposed and 4

what is there is quite sufficient since they have grown high. Ms. Robbins asked if it would be 5

landscaping, the small grass area and then the pavement starts. Mr. Redl showed where the grass 6

area would be. 7

Mr. Dennis said the drainage was mentioned and they have put in the same amount of chambers 8

that was on the original plan. Even though the building size increased dramatically, he said the 9

paved area and impervious seems to be almost equal to what was on the original plan. The 10

pavement was coming closer to the property the last time, so it was felt they were roughly equal 11

on the impervious cover by adding back in the chambers and that was going to suffice. Ms. Gee 12

asked if a formal calculation was needed or was he comfortable with it. Mr. Dennis said all the 13

prior reports had been provided by them and it seems to be fine; it is just putting in what was 14

originally called for. He spoke with the architect about the drainage and suggested a note be 15

added to the plan that states the downspouts would be directed towards the catch basins at the 16

chambers rather than having it spill in any particular direction. What comes off the building 17

would head for the catch basins. He noted that one of the prior comments that has been carried 18

over is whether or not the Fire Advisory Board is seeking to have full access to all sides of the 19

building and he is not sure if further comments have been provided since the prior meeting. Mr. 20

Redl said he has not seen anything. 21

Mr. Bryant said that, with this building the balance of the free area will be used up. He asked 22

about identifying the staging area for the equipment, during construction, so there is no issue. He 23

said there are other residences and industrial. Typically, he said they would like to see where the 24


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concrete trucks are washed out and precautions are taken to put in a wash out pit so there is not a 1

mess to the adjoining properties. Mr. Redl said the staging area could be added to the plan and 2

when working with the Building Department, they will be involved with the cement pour. Mr. 3

Bryant said they will do the inspection, but he would like to nail down the staging area and wash 4

out. He asked Mr. Redl if he anticipated bringing in a job trailer and Mr. Redl said No. Ms. 5

Hardisty said there is usually one piece of equipment on the property that is used to move things 6

around but there is not equipment and no cranes. Mr. Bryant said there is digging and excavating 7

and Ms. Hardisty said there may be an excavator, but it would be the only piece of equipment 8

that they would have. 9

Ms. Gee asked if the ARB asked where the HVAC units would be placed and labeled. Mr. Redl 10

said Yes, the actual units are inside the building and the outside has the condensers. He said 11

plans were provided to the ARB showing each alcove for the condensers. Ms. Gee asked if 12

cement pads were required and are they shown on the site plan. Mr. Redl said Yes, they sit on the 13

cement pad for the building itself and Ms. Hardisty pointed them out on the plan. 14

Ms. Gee said she thought there had been a comment that there were to be sidewalks from all 15

doors for ingress and egress, or was there pavement. Mr. Bryant said they had given an interior 16

layout and there are no doors coming out the rear of the building toward the daycare, so no 17

sidewalks would be needed back there. He said all the doors are facing the paved surface. Ms. 18

Gee said then everything is coming out onto pavement, or there is concrete as an easy ingress and 19

egress at each door. Mr. Hardisty said Yes, he received a call from Ms. Baier with a question if 20

there was going to be a sidewalk. He said they did supply a floor plan showing the interior of the 21

building with the units and the hallways. The only access to the building, in or out, is just in the 22

paved area, there is no ingress or egress out the back, it is just a grassy area and Mr. Redl said he 23

respectfully requests that there not be a need for a sidewalk. He added that the blacktop goes 24

right up to the doors. Ms. Gee said it is as long as someone needed to get out in the case of an 25


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emergency, every door allows them to exit easily. Mr. Bryant said Yes, the distance was checked 1

for egress and everything is fine. 2

Ms. Gee wanted to confirm that this building is strictly for indoor storage, as opposed to units 3

accessible from the outside and there is no intent to have any active use, but strictly storage. Mr. 4

Redl said there is no office and Ms. Hardisty said it is all self storage; each building on the site is 5

the same. 6

Ms. Gee asked if there was anyone present from the public to offer comment on the matter. 7

Steve E. Sansoni spoke for himself and his neighbor, from 9 and 11 Lake Walton Road, in 8

agreement. He said this is not closer to the road and he wanted to comment that this is good the 9

way it is being done, especially in keeping the trees and whatever is planted there; it is a nice 10

buffer. 11

There was no one else present from the public to offer any comments. 12

Ms. Gee told Mr. Redl that the matter would need to be adjourned, because the Board has not 13

been able to declare Lead Agency yet. She said it needs to be circulated since it takes 30 days for 14

the comment period. Mr. Redl suggested adjourning this to the February 16th meeting to keep 15

things moving and to give them ample opportunity to do this. Ms. Gee said it would be one week 16

to get it in the mail. Mr. Redl and Ms. Robbins will discuss this. 17

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MOTION made by John Cutler, seconded by Jason Paraskeva, to adjourn the Guardian 19 Self Storage Amended Site Plan Public Hearing to February 16, 2016. Voted and carried 20 unanimously. 21

Mr. Redl thanked the Board and Ms. Gee reminded him to bring the ARB elevations and colors 22 to the next meeting. 23

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RENEWAL OF PEDDLERS PERMIT: 1

“In The Dog House”, Route 82 2

Anthony Pietropaoli was present. 3

Ms. Gee confirmed with Ms. Baier that there is everything needed to renew this permit. 4

Ms. Gee asked Mr. Pietropaoli if he was doing anything different at the site and he replied No. 5

Mr. O'Brien said he saw that women's athletic apparel was being sold and Mr. Pietropaoli said he 6

was trying to, but not really. Mr. O'Brien asked if this was covered under the permit. Looking at 7

Ms. Robbins, Ms. Gee questioned if the peddlers permit allowed it, saying this is just for the sale 8

of food. Ms. Robbins said she was not sure but she would look at the Codd. Mr. Pietropaoli 9

asked if this could maybe be added. Ms. Baier reviewed the application and said this was not part 10

of it. Mr. O'Brien said he is okay with it, but just wanted to amend it to reflect what is going on 11

there. Ms. Gee said she did not want it to turn into a huge line of more clothing than food, since it 12

is a food permit, but she is okay if it is something ancillary. Mr. Pietropaoli said that at one time 13

he had "In The Dog House" tee shirts. Ms. Gee asked Ms. Robbins if this was permissible, or not 14

and she left the room to review the Code. Ms. Gee suggested that this be amended to allow the 15

sale of apparel, in addition to the sale of food. 16

Ms. Gee asked the hours of operation and times of year. Mr. Pietropaoli said it is 11:00 to 4:00, 17

and it will start up again in March, if the William Tell store is up again, but it is debatable and it 18

is hurting his business. Ms. Gee asked if it would run 12 months of the year and Mr. Pietropaoli 19

said No, sales go down and people don't come out when it is cold; it is a yearly permit. He 20

anticipates this being open from the month of March through the end of October. Ms. Gee said 21

Yes, it is a yearly permit, she just wanted a sense of when the business would be running. 22

Ms. Robbins returned, saying that there is nothing in the Code language that restricts this. Ms. 23

Gee asked that the application be revised to include the sale of apparel and wants to be sure what 24


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is being approved this evening accurately reflects what is being authorized. Ms. Baier amended 1

the already signed application and Mr. Pietropaoli initialed the changes made. This will now be 2

for food and a little bit of apparel. 3

MOTION made by John Cutler, seconded by Craig Smith, to renew the In The Dog 4 House Peddlers Permit for an additional year. Voted and carried unanimously. 5

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RESOLUTION 9 10

RE: STATIONARY PEDDLERS SPECIAL PERMIT 11 12 RESOLUTION OFFERED BY PLANNING BOARD MEMBER John Cutler 13 14 WHEREAS, In The Dog House (Anthony Pietropaoli) has applied for the renewal of its 15 Stationary Peddlers Special Permit in accordance with Section 67-36.2 of the Zoning Ordinance; 16 and 17 WHEREAS, there have been no changes in the site since the last permit was granted; 18 19 NOW, THEREFORE, BE IT RESOLVED, that the application of "IN THE DOG 20 HOUSE" for a Stationary Peddlers Special Permit is Granted effective March 1, 2016 through 21 October 31, 2016. 22 23 BE IT FURTHER RESOLVED, that within five (5) business days of the adoption of 24 this resolution, the Chair or other duly authorized member of the Planning Board shall cause a 25 copy of this resolution to be filed with the Town Clerk and a copy sent to the Applicant/Owner. 26 27 Resolution Seconded by Planning Board Member Craig smith 28

The votes were as follows: 29

Board Member Michael O’Brien Aye 30

Board Member Jason Paraskeva Aye 31

Board Member John Cutler Aye 32


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Board Member Craig Smith Aye 1

Board Member Steve Caswell Aye 2

Alternate Board Member Teresa Golden Aye 3

Chairperson Lori Gee Aye 4

5

6

7

DISCUSSION: 8

Mid Hudson Fence, Sprout Creek Court 9

Michael E. Gillespie and Frank Boula were present. 10

Mr. Gillespie displayed the sketch plan, saying that the agenda states " Mid Hudson Fence", 11

which is next to the Boula parcel, the actual project. He said Frank Boula, the owner of Mid 12

Hudson Fence, was with him this evening. The Official Mid Hudson Fence parcel sits at the 13

corner of Route 376 and Sprout Creek Court. Ms. Gee asked if this is common ownership and if 14

the name is wrong on this evening's agenda. Mr. Gillespie said it didn't matter, but it was put on 15

the agenda quickly, for purposes of discussion this evening. He showed on the plan where the 16

Boula property abuts the Mid Hudson Fence property, both parcels owned by the same person. 17

He said Mid Hudson fence would be discussed as well, but this is for discussion first. 18

19

Mr. Gillespie said Mid Hudson Fence itself has site approval that goes back to probably 30 years. 20

He referred to the backside of the Boula parcel on the map, saying it is a quick sketch to get a 21

feel for what is on there. It shows some encroachment, relative to the storage area by the fence 22

next door. He said there was a citation from Mary (Mintz) issued to both this site and the Mid 23


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Hudson Fence site, relative to conforming to the site plan. He said this site is currently being 1

used, albeit by a contractor who is doing work for Central Hudson on the power transmission 2

lines that are close by, on Route 376. Mr. Boula had received a call from the contractor for 3

Central Hudson, over a year ago, who asked if this area could be used for staging. It was verbally 4

okayed and he said they moved to the site in August. The plan shows it is basically a staging area 5

for the contractor doing the work on the power lines and he said it was always intended to be a 6

temporary situation, not permanent on the site. Mr. O'Brien asked that "temporary" be defined 7

and Mr. Gillespie said that they were supposed to be out of there by Spring of 2016; it was 8

technically supposed to be 6 months, from September to March. Certain things have been 9

established there in terms of close containment, there are spools of wire, a gravel area, a gravel 10

stone entrance which comes in, refuse enclosure and area for parking. While he has not talked 11

with the contractor himself, Mr. Gillespie said the way the operation works is they come in, in 12

the morning, their cars are parked to the left, which is off the stone, and in the grass-dirt area. 13

Ms. Gee asked if they were just passenger vehicles and Mr. Gillespie said Yes. There was a piece 14

of equipment when he went out there yesterday and this morning, it was not a dump truck. 15

Effectively, he said it is for the workers' parking and they go off the site to work. There is a 16

construction trailer, which did not have a building permit and Mr. Gillespie said he talked with 17

Mr. Boula. Nothing was in the contract that they were supposed to get it and a building permit 18

needs to be obtained for the trailer. The trailer is connected to the pole and has electric. Two 19

porta-potties are in the site, which sit behind the trailer and he said the site is lined with silt 20

fence, which must have been put up when they started. They are not moving dirt around, but he 21

said they came in and were dumping a lot of stone and knocked down a lot of the high grass. The 22

limits of their activity are defined with the silt fence along the perimeter, which is depicted. He 23

said they decided, with the stop work order, to get a plan together, with the understanding it is 24

temporary in nature, and to come before this Board to tell what the situation is and what the 25

ongoing activities are. He said this is knowing there will be a sunset at some time. 26


17

Ms. Gee asked the use of the site after the Spring and if it would go back to being just completely 1

unoccupied. Mr. Gillespie said he has a note on the plan that says at such time this activity 2

ceases, the site will go back to what it once was, which is a vacant site. He said there is also the 3

overflow storage area in the back portion of the lot, which is not part of an approved plan. He 4

said there is no site plan approved for this since it is a vacant lot. He spoke with Mr. Boula about 5

the ability to take the material and move it over to his Mid Hudson Fence site, which he said is 6

something that can be done. Ms. Gee asked if the overflow storage area was beyond the silt 7

fencing and if there is anything stored there right now by Central Hudson. Mr. Gillespie said No, 8

what is stored there now is overflow storage remnants of the activities and storage area 9

associated with the Mid Hudson Fence next door. He said to look at the aerial view, which shows 10

the limit of what is out there. There is a separate, unapproved access way. He showed on the map 11

where it was moved and said he just wanted to give the Board an ideal of what was going on. 12

Ms. Gee said then the front half is the silt fence area, which is temporary overflow storage, will 13

be ongoing, or it is requested to be ongoing and needs a more formal site plan. Mr. Gillespie said 14

the idea is to take the stored overflow material and move it to the site for Mid Hudson Fence. Ms. 15

Gee asked if this was in compliance with the Mid Hudson Fence site plan. 16

Ms. Robbins wanted to bring up that there is a huge wetlands site in the back and asked how 17

much of it extends onto this property. She said the closer it can get to the road, the better, so it is 18

away from any wet area and Sprout Creek. She referred to the Lehigh property, saying she did not 19

know where the wetland line was for that project, but that the rear of the property would still be a 20

DEC wetland. Mr. Gillespie agrees and said the matter before the Board tonight is a temporary 21

use, it will be out of there in the Spring of 2016. 22

Regarding the Mid Hudson Fence approved site plan, Mr. Gillespie said that, compared to today 23

it is light on detail which is the way it was done 30 years ago. There is now a display area in the 24


18

front where people can come, pick up types of fences and he said area behind the building is 1

shown as storage area, which probably has not be maintained. With the brushed knocked down 2

and it being winter, he said it looks more like a storage area. However, in August, when the 3

weeds are grown up, he said it does not look like a storage area, but like material has been 4

thrown in the back. He said the idea is to get that more manageable and more like a storage area 5

of old, but decent fence and components of the fences that have been replaced, which they would 6

hang onto. Mr. Boula said there is sometimes extra fencing and sections they don't want to throw 7

out and hold onto and can wholesale it. He added that the display is part of his business. 8

9

He said, in speaking with Mr. Boula, the display area is an important part of his business and 10

there is a willingness to come back for an amended site plan for the Mid Hudson Fence site. At 11

that point, he said the wetland line would be tight on the map, for offset will keep everything out 12

of it and they get everything up to snuff of what is there now and that way there is a clean record. 13

Ms. Gee said if storage is continued on this site, then, as part of the process it would need to be 14

documented. Mr. Gillespie said he would talk with Mr. Boula is if it will be moved or if it will 15

continue as storage, then that will be part of the application. Mr. Bryant said right now there is a 16

big gravel area and if they are going to vacate when the project is over, the Board would ask that 17

it be restored but maybe it makes sense to be used as an overflow yard, with some proper 18

screening put up fence and like Lehigh did, and then take advantage of the gravel that has already 19

been placed. He added that the application may need to be amended. Mr. Gillespie said the 20

display area is on the Mid Hudson Fence site and it is in the place it should be, it is convenient 21

and not on the current site plan. He said if they need to come in for both, because both work as 22

one, then it could certainly be done, He told Mr. Bryant that it makes sense and if it is there, not 23

use it. 24


19

Ms. Gee asked Mr. Bryant about the violation on the property right now. Mr. Bryant said this 1

stays it because they are here. Ms. Gee said the motion the Board would make this evening to 2

approve the temporary storage from Central Hudson would be different than what would be done 3

with the overflow storage that is currently on the site from Mid Hudson Fence. She asked if there 4

was something necessary for the Planning Board to do right now. Come spring time, she said 5

they will be back with a revised site plan for Mid Hudson Fence, and possibly this site, to address 6

the storage area which is fine, but she wants to make sure. She said there is an electrified trailer 7

and storage. Mr. Bryant said he is thinking that, for the material that is stored in the back, a bond 8

could be posted as security to say he is going to remove it from the floodplain where it does not 9

belong, or relocate it to this area when the contractor vacates just as security to make sure it gets 10

done. He said he thinks that would take care of the violation. Ms. Gee asked Mr. Bryant if he was 11

proposing a specific amount and he said it was something he thought they could agree upon. Mr. 12

Gillespie said he is still doing delineations with the DEC and the wetlands only because the snow 13

has not flown, which may be until mid January. One thing he would like to determine is just 14

where the line actually is and get it on the map, to see how far off they are. He said this would 15

determine how much the bond would be set and how much would have to be moved. He thinks 16

this is an important variable here, relative to that. With the record reflecting that Mr. Boula is 17

willing to come in and get his site plan up to snuff, he said he would like to provide something of 18

record indicating that they would have to be in within a certain timeframe, in order to maintain 19

this particular use and tie the 2 together to assure he can continue with that site. He told Mr. 20

Bryant it is up to him but this is rather than post a bond. Mr. Wood said, under Article 7 of the 21

public servant's law, since the Central Hudson project is approved by the Service Commission, 22

they have a pre-emption right. He explained that the Town's zoning cannot prevent them from 23

having the storage, since it is intrinsically related to the power line reconstruction. He said the 24

Board could make a motion to recognize it, but this does not exempt them from the building 25

permit and obviously from a stormwater protection that they seem to be doing, or whatever. He 26


20

said it could be for a period of 6 months. Mr. Gillespie said June of this year. Mr. Wood said the 1

condition could be that the stop-work orders could be deferred, provided that, by the expiration 2

of the 6 month period, the applicant comes in and amends and cleans up the site plan. Mr. Bryant 3

said there are 2 issues; one is where the staging area is and the other is the overflow from the Mid 4

Hudson Fence property. Mr. Wood said he understands, but the overflow is not affected by the 5

Public Service Commission and they have agreed to come in and amend, clean up the Mid 6

Hudson Fence site, and 6 months should be enough time to come up with a plan. Ms. Gee said 7

they are trying to "get the ducks in a row". 8

Mr. O'Brien said, while he is sympathetic to what Mr. Wood said, he is asking if this lot is being 9

rented to the contractor. Mr. Gillespie said they are in a contract with Mr. Boula and they pay 10

him for the purposes of that. Mr. Wood said a similar situation is at the Global Foundries site, 11

where an 18 acre piece of the parking lot is being used by the Spectral Gas Line of Westchester 12

Putnam County by a contractor. He said they are exempt because of FERC (Federal Energy 13

Regulatory Commission); their site is fenced off with trailers, equipment and trucks parked there 14

and they are paying for the use of that space. This site is just a state approved project, which is a 15

little different, but he said they have pre-emption. Ms. Gee asked if there was the ability for the 16

Town to inquire if there are any hazardous materials stored on this site; there is closed storage 17

and she is questioning if is it known what is there? Mr. Boula said, from what he has seen, it is 18

copper wire, some fibro-optic wire, some galvanized cable, basically the things that the lines are 19

run with. Ms. Gee asked what was in the enclosed storage and Mr. Boula said that is what is 20

there, and he guesses that copper is very expensive. Mr. Bryant asked about drums and Mr. 21

Gillespie said he has been to the site and he has not seen any drums. Mr. Wood said to just ask 22

for a letter from the contractors, identifying what is stored there. Ms. Gee said she wants to make 23

sure there are no hazardous materials; there is no pavement or concrete pads on this site, plus a 24

wetland exists nearby. Mr. Bryant added that, where the cars are parked, it is not gravel and when 25


21

he was at the site the other day after the rain, there was tracking out to the road. He said there 1

needs to be gravel there too. Mr. Gillespie said he does not know why it isn't gravel; there is a 2

stone entrance of larger stone. Mr. Bryant said Yes, but there is a lot of tracking and it needs to 3

get cleaned up. 4

Ms. Gee reviewed, saying there should be gravel under the parking area, clarification on 5

materials being stored, any hazardous materials being stored, that is the main concern. Mr. 6

Gillespie said he would get what he can and he does not think there will be any mystery to it; Mr. 7

Boula has a contact for this. Ms. Gee asked Mr. Wood if he preferred this be done with a short 8

resolution at the next meeting, or as a regular motion and Mr. Wood said a motion now. Ms. Gee 9

said it is for 6 months, through June 30th, and she told Mr. Gillespie if it needs to go past this, 10

since what Central Hudson is doing can't be controlled by him, then to come back to the Planning 11

Board if they need to be there longer. She said the Town is asking that, by June 30th, the 12

applicant has applied for the amended site plan. Mr. Boula said he was told back in November it 13

would be March or April, dependent on weather, so to go to June should cover it and, if not, he 14

will be back. Ms. Gee asked Mr. Gillespie if June would be sufficient for him to delineate the 15

site. He replied that he has the advantage of having a copy of the old site plan, with metes and 16

bounds, which should make it easier. Mr. Bryant asked that they get back to him with a date as to 17

when the gravel would be done and asked if 2 weeks would be enough time. Mr. Boula will 18

contact the contractor, or Central Hudson and he will let Mr. Gillespie know so he can advise Mr. 19

Bryant. 20

Mr. Dennis said, with the later site plan, there are floodplains on different parcels out near Sprout 21

Creek that should be shown on the plan. He said there is also an access easement for the fire 22

department to get back to the stream and a fire hydrant. This is one of the reasons why Sprout 23

Creek is a Town road, because of the fire department access. Mr. O'Brien asked if this was 24


22

because there is a building nearby that could catch fire and Ms. Gee said it is to fill tank trucks 1

being driven and not necessarily running a hose from there. 2

Ms. Golden asked, if there is a motion tonight for the temporary storage, what happens to the 3

remediation for, say, the parking lot, if afterwards it is not going to be used. Ms. Gee said a 4

motion would be proposed this evening, with some conditions, and one will be, say, within 30 5

days there will be gravel under the parking area. Mr. Bryant said this should be done in 2 weeks. 6

Ms. Golden asked what happens in June, if that parking area is no longer needed. Mr. Wood said 7

if it is vacant, it is restored to its natural state and they may want to amend the plan to show the 8

gravel and then they can keep it. 9

Mr. Gillespie pointed out that it is not a full site plan, they will detail the floodplain and show the 10 access. He reviewed the site specific notes that are already on the sketch plan, as follows: 11

1) The site is serving as a staging area for an existing Central Hudson contractor whose use 12 is proposed as temporary; 13

2) The information on this plan is strictly for purposes and is a sketch plan, based upon a site 14 visit performed by Mr. Gillespie; 15

3) The aerial photo provided details to the site prior to the site being used for the temporary 16 use and only has been provided to be used as a guide relative to the parcel in relation to the 17 abutting parcels; 18

4) A building permit for the construction to be applied for; 19

5) The existing overflow storage area depicted on the site plan as storage for the abutted Mid 20 Hudson Fence site; A DEC wetland resides on the rear of the site; it should be verified that no 21 activity within 100 FT of the wetland occurs; 22

6) Upon the completion of the use of this site, the site should be restored to the condition as 23 it existed prior to. All disturbed areas should be verified, mulched and seeded; 24

7) Erosion control, including silt fence along the perimeter of the site, in addition to a stone 25 construction entrance shall be maintained during the length of the use of the site. 26


23

Mr. Gillespie said these were the notes he put on the plan based on the meeting he had with the 1

consultants and, if there is anything that should be added, that can be done so at least there is a 2

record. Ms. Gee said it should say to be restored to a vacant, unimproved lot. Mr. Gillespie said, 3

what he does not have noted on the plan is the 6 month period, or whatever the Board feels, is an 4

amended site plan, for the adjoining Mid Hudson Fence plan, will be submitted. 5

Ms. Gee asked Mr. Wood if reference needed to be made that this is a public service commission 6

use and he replied No; it is in the record. 7

There were no further comments or discussions. 8

MOTION made by Lori Gee, to approve a temporary use at the Boula Site Plan, 9 which is adjacent to the Mid Hudson Fence site plan, for 6 months, through June 10 30th, 2016 with the following conditions: 11

- That by January 20th, 2016 gravel will be placed anywhere where cars or other vehicles 12 are being parked or stored on the site; 13

- That by January 20th, 2016 clarification will be obtained on whether or not there are 14 hazardous materials being stored at the site; 15

- That a building permit for the construction trailer will be applied for, by January 20th, 16 2016; 17

- That the erosion controls will be maintained throughout the duration of the temporary 18 use; 19

- That the site will be restored as appropriate, by July 31, 2016; 20

- That the applicant will submit an amended site plan by June 30, 2016 for the Mid Hudson 21 Fence to address the overflow storage on this site and, as needed, this site will be included in the 22 amended site plan; (based on what is determined about the wetlands, etc.) 23

Discussion: Mr. O'Brien asked about the stone being put under the cars and, what if there is a 24

snowfall within the 2 weeks. Mr. Bryant said there is tracking now out to the road and it cannot 25

be more than the 2 weeks. Mr. Gillespie said, with the cold temperatures, it is getting better with 26


24

everything tightening up. Mr. Fitzgerald asked if there is the ability to park the cars on the gravel 1

already there, or do they have to drive over to park on the grass. Mr. Gillespie said he is not sure 2

why there is a large area of stone, and he does not have the ability to talk with contractor; he is 3

not sure. He said they could certainly not travel as far in, and Mr. Boula will ask the question. 4

Mr. Boula will talk to them tomorrow and asked which way about parking on gravel and Mr. 5

Bryant said either way works. Ms. Gee said she thinks it was worded that all cars or vehicles 6

being parked or stored on the site need to be parked or stored on gravel. 7

After the short discussion, Ms. Gee made an amendment to the Motion, saying 8

- That the temporary use will be as delineated on the sketch site plan provided as of 9 January 5th, 2016; 10

Ms. Gee told Mr. Gillespie and Mr. Boula, while she does not anticipate this, if significant 11

changes are made to move things around, then to come back to the Planning Board to tell what is 12

being done there. Mr. Boula said they are starting to wind down the project. Ms. Gee said if they 13

are removing things, then the Board is less concerned. However, if it is being expanded, or any 14

additional things, or bringing in hazardous materials, anything like that, the Board needs to know 15

of any major changes happening. 16

Ms. Golden asked about the materials that may be temporarily stored, and possibly in a wetland. 17

In light of the fact that Spring is coming, and wetlands get flooded, she questioned if the 18

materials need to be moved. She said she knows it is not the contractor's storage, but there is an 19

issue, come Spring. Ms. Robbins said that, obviously, anything being stored in the wetlands 20

needs to be removed and the wetland line needs to be known as soon as possible. She said this is 21

not typically the time of year when wetlands are delineated and she is not sure of how accurate 22

this would be. She told Mr. Gillespie and Mr. Boula that the Lehigh line could be provided to t 23

hem to show where the line is and it could probably be assumed that it is not any further forward 24

from that line, but it may be as far. She asked the distance to the silt fence currently and Mr. 25


25

Gillespie showed n the sketch that it is approximately 495 FT to the property line, which is the 1

longest line. He said, if a midpoint is take, being 500 FT to 50, he has a feeling that some of the 2

pallets and fence pieces may be in the buffer and nothing is within the wetland, itself. Ms. 3

Robbins said it is more than 100 FT. Mr. Gillespie said it is an issue with the buffer itself and it 4

effectively runs along the edge of Sprout Creek. Ms. Gee asked Mr. Gillespie when he thought he 5

would have the delineations. He replied that he could either see what the DEC schedule is and 6

have them come out to do it or, he can get someone privately to come out and hang some flags, 7

and get an idea. Mr. Bryant asked if there were any flags from Lehigh, which could give some 8

kind of indication and Ms. Robbins said it was done within the last 6 months. Ms. Gee asked Mr. 9

Gillespie for an estimate of where he thinks it is now, and not the actual delineation. Mr. 10

Gillespie said he did take a look at the DEC maps. He showed on the displayed sketch plan 11

where the wetlands come to and where they follow. He will pull the Lehigh map and see the line, 12

match it up to this property line and it can be seen where the buffer is on the one side and making 13

its way across. Ms. Robbins said the Lehigh buffer was delineated by a split rail fence and she 14

told Mr. Gillespie he could probably just look for the fence on the adjacent land. She thinks it is 15

still there and Mr. Dennis said the post and rail fence should be there. Mr. Gillespie said then Mr. 16

Nowicke came out and the fence that was there moved. Ms. Robbins said the DEC created the 17

line. Ms. Gee reiterated her inquiry as to when Mr. Gillespie could have the delineation, even if it 18

is an estimated line, not an actual, to the Planning Board. She said, to Ms. Golden's point, it 19

needs to be known if a significant portion of the storage is in the buffer, in the wetland area, as 20

that needs to get moved sooner, rather than later. Mr. Gillespie said he will review the Lehigh 21

plan and go out to the site within the next day or 2. He said he does not know if it is a transitional 22

wetland or if it drops off significantly, he does not recall, but it may be very clear where it starts 23

and stops, and they can get generalities. If he cannot get DEC to the site within the 2 week 24

timeframe, then he will get Mr. Nowicke out there to hang the flags. Ms. Gee said she is leaning 25

more towards taking what is existing, what is seen at the site now, what is known to have been 26


26

done from the Lehigh site, and it could be extrapolated onto this site. She said that will be good 1

enough to know whether there is significant storage that needs to be moved, at the point where it 2

is appropriate to do the delineation, which may, or may not be now, but could be in the Spring. 3

Mr. Gillespie said then to get the hard line on the map and it will come into play with Mid 4

Hudson Fence since they stretch back a little further. Ms. Gee said there are a couple other things 5

to be done by January 20th and she asked Mr. Gillespie if this was something he could do within 6

the next couple of weeks. He replied that by the 20th would be fine and he has to get it done 7

before the weather turns real bad anyway. 8

Mr. Gillespie asked if this would just be part of the minutes, or would a formal resolution be 9

prepared, just so he has a list. 10

Ms. Gee told Ms. Golden that the requirement for the delineation is by January 20th; if there is 11

further action to be taken at that time they will do so, and Ms. Golden agreed. 12

After the discussion Ms. Gee stated the Motion once more: 13

MOTION made by Lori Gee, to approve a temporary use as outlined on the Boula 14 Site Plan, which is adjacent to the Mid Hudson Fence site plan, for 6 months, 15 through June 30th, 2016 with the following conditions: 16

1. That, by January 20th, 2016 all cars or other vehicles are to be parked or stored on 17 the gravel on the site; 18

2. That, by January 20th, 2016 clarification will be obtained on whether or not there 19 are hazardous materials being stored at the site; 20

3. That, a building permit for the construction trailer will be applied for, by January 21 20th, 2016; 22

4. That, the erosion controls will be maintained throughout the duration of the 23 temporary use, through June 30th, 2016; 24

5. That, by completion of the temporary use, the site will be restored as needed, but no 25 later than July 31, 2016; 26


27

6. That, the applicant will submit an amended site plan for the Mid Hudson Fence 1 property and this subject property, as needed, by June 30, 2016; 2

7. That, the applicant will provide an estimated wetland delineation and buffer 3 delineation, but January 20th, 2016, to identify whether or not any additional action 4 is required for the overflow storage area. 5

Motion seconded by Michael O'Brien. Voted and carried unanimously. 6

7

Mr. Gillespie thanked the Board Members and the Consultants. 8

9

10

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13

ADJOURNMENT 14

15

MOTION made by John Cutler, seconded by Jason Paraskeva, to adjourn the 16

Planning Board meeting. Voted and carried unanimously. 17

18

Respectfully submitted: 19

_______________________________ 20 Kathleen Mahodil, Meeting Secretary 21

East Fishkill Planning Board 22 23

town of east fishkill · 18 town planner’s letter of october 10, 2015, and the traffic...

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